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Can I file a lien?

Im a subcontractor, l did a contract with a contractor for flooring installation in a residential house now he doesnt want to pay me.

3 replies

Nov 25, 2020

Hello,

Send notices to the GC and the homeowner of your intent to file a lien. If the project is not complete, include fund trapping language in the letter. File a lien on the property if they do not respond then sue to enforce your lien if no one pays you.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Nov 25, 2020

When was the work performed? Who owns the building? Did you have a written contract with the builder?

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Nov 25, 2020

For residential you need a written signed contract. If it’s homestead, the contract must have been signed by both spouses AND recorded in the real property records BEFORE you started work or delivered materials to the site. You can still file a lawsuit for the money you are owed – under breach of an oral or written contract, or a theory called quantum meruit or unjust enrichment.

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